Case Note & Summary
The petitioners, 24 retired employees of the Zilla Parishad, Yavatmal, filed a writ petition seeking revision of their pension under the Government Resolution dated 10.07.2017 and Rule 110 of the Maharashtra Civil Services (Pension) Rules, 1982. They had retired between 1994 and 2016, prior to the cut-off date of 01.01.2006. The respondents, including the State of Maharashtra and the Chief Executive Officer of Zilla Parishad, Yavatmal, denied the revision on the ground that a circular dated 20.06.2019 prohibited such revision for employees who retired before 01.01.2006. However, the petitioners contended that no such circular existed and that the denial was arbitrary. The court examined the GR dated 10.07.2017, which explicitly allowed revision of pension for employees who retired before 01.01.2006, subject to certain conditions. The court also noted that Rule 110 of the Pension Rules provides for revision of pension. The respondents failed to produce any circular dated 20.06.2019, and the court found that the denial was based on a non-existent circular. The court held that pension is a right and not a bounty, and the respondents cannot deny the benefit of pension revision without any valid reason. The court directed the respondents to consider the petitioners' representations for pension revision in accordance with the GR and Rule 110, and to pass appropriate orders within a period of three months. The writ petition was allowed.
Headnote
A) Service Law - Pension Revision - Entitlement of Pre-2006 Retirees - Maharashtra Civil Services (Pension) Rules, 1982, Rule 110 - Government Resolution dated 10.07.2017 - The petitioners, retired employees of the Zilla Parishad, Yavatmal, sought revision of pension under the GR dated 10.07.2017, which was denied by the respondents citing a non-existent circular. The court held that pension is a right and not a bounty, and the denial based on a non-existent circular is illegal. The court directed the respondents to consider the petitioners' representations for pension revision in accordance with the GR and Rule 110. (Paras 1-10)
Issue of Consideration
Whether the petitioners, who retired prior to 01.01.2006, are entitled to revision of pension under the Government Resolution dated 10.07.2017 and Rule 110 of the Maharashtra Civil Services (Pension) Rules, 1982, and whether the respondents can deny such revision based on a non-existent circular.
Final Decision
The writ petition is allowed. The respondents are directed to consider the representations of the petitioners for revision of pension in accordance with the Government Resolution dated 10.07.2017 and Rule 110 of the Maharashtra Civil Services (Pension) Rules, 1982, and pass appropriate orders within a period of three months from the date of the order.
Law Points
- Pension is a right
- not a bounty
- and cannot be denied based on a non-existent circular
- Rule 110 of Maharashtra Civil Services (Pension) Rules
- 1982 provides for revision of pension
- Government Resolution dated 10.07.2017 allows revision of pension for employees retired before 01.01.2006.
